When parents go their separate ways, it affects the relationship that their children have with other family members. A common example is a grandparent whose access to their grandchildren is limited or even denied. If this reflects your circumstances, you may be wondering whether you can seek custody and visitation rights. Please continue reading as we explore what you should know about these matters and how an experienced Nassau County Child Custody Lawyer can help explore your legal options.
Can Grandparents Seek Custody of Their Grandchild in NY?
While grandparents’ rights don’t take precedence over the child’s parens’ rights, they can petition the courts to gain rights and custody of their grandchildren under certain circumstances. Depending on the unique circumstances of your case, you may gain access to different types of custody.
There are several reasons why grandparents may decide to file for custody of their grandchildren, including:
- Parental unfitness
- Parental abandonment
- Parental consent
- Extradionary circumstances
- The child’s best interest
Generally, grandparents seek custody when the child’s parents are unable to care for the child, they have been living with them for a significant period, there is a substantial risk of harm to the child if they remain with their parents, or the child’s parents have consented to the proposed custody arrangement.
What is the Legal Process?
If you are looking to secure custody rights, it’s vital to understand that there are specific legal steps you must navigate to accomplish this goal. First, you must establish your standing, meaning you must demonstrate to the court that you have a genuine interest in your grandchildren’s lives and that your involvement is in their best interests. You should note that this may be easier if you have had a close and consistent relationship with them.
From here, you will need to file a formal petition with the court outlining your request for custody rights. This petition must detail your current relationship with your grandchildren, the reasons for seeking these rights, and any relevant supporting evidence. Once you have filed your petition, the court will schedule a hearing and determine whether approving the petition is in the best interest of the child. The court will consider factors such as:
- The child’s relationship with their parents and grandparents
- The child’s physical and emotional needs
- The stability of the grandparents’ home environment
- The child’s wishes (if of sufficient age and maturity)
- Any history of abuse or neglect
- Any other factors deemed relevant by the court
If you are a grandparent seeking custody rights in New York, it’s in your best interest to consult with an experienced family law attorney from the Law Offices of Eyal Talassazan, P.C., who can help you understand your legal options and guide you through the complexities of this process. Connect with our firm today for more information.
